High Court of KeralaSingle JudgeQuashed

All For Chits Pvt Ltd v. State of Kerala

Case / Petition Number:CRL.MC Nos. 1724/2024, 2199/2024, 3035/2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Bechu Kurian Thomas
Judgment Date
2024-04-05
Court Decision / Holding
All proceedings against the petitioners in Crime No. 3534 of 2023 of Ernakulam Central Police Station are quashed.
Final Disposition
Quashed

Parties to the Case

Appellants / Petitioners

  • All For Chits Pvt Ltd represented by its MD Kalathipambil Michael Babu
  • Babu K M
  • Jancy

Respondents

  • State of Kerala represented by Public Prosecutor
  • Sajitha w/o Prashanth (defacto complainant)

Legal Representation & Advocates

Counsels for Petitioners

  • • E.A. Bijumon
  • • V.R. Gopu
  • • Urmila M.G

Counsels for Respondents

  • • K.S. Sreerekha
  • • T.R. Hari Krishnan
  • • M.C. Ashi
  • • Noushad K. A.

Case Synopsis & Summary

The Kerala High Court, Bechu Kurian Thomas, J., on 5 April 2024, heard three criminal miscellaneous petitions under Section 482 Cr.P.C. filed by the accused in Crime No. 3534 of 2023 of Ernakulam Central Police Station, alleging offences under Sections 403, 406 and 420 r/w Section 34 IPC. The petitioners are the 1st accused (All For Chits Pvt Ltd, represented by MD Kalathiparambil Michael Babu), the 2nd accused (Babu K M), and the 3rd accused (Jancy). They seek quashing of proceedings on the ground that the dispute has been amicably settled with the defacto complainant, Sajitha. Annexure A3, an affidavit from the 2nd respondent, confirms settlement, which the Public Prosecutor verifies as genuine. The petitioners argue that continued proceedings would be futile and that there is no public interest in prolonging the case. The State and complainant rely on the authenticity of the affidavit; the Public Prosecutor states the affidavit is genuine and the defacto complainant stands by its contents. Relying on Supreme Court precedents Gian Singh, Narinder Singh and Yogendra Yadav, the court notes that amicable settlements in appropriate cases can justify quashing. Finding that settlement is genuine and no public interest remains, the court quashes all proceedings against the petitioners in Crime No. 3534/2023, Ernakulam Central Police Station. The petitions are allowed accordingly.

Provisions of Law Cited

Section 482 Cr.P.CSections 403, 406 and 420 r/w Section 34 IPC, 1860

Legal Doctrines & Maxims

  • Amicable resolution/settlement between victim and wrongdoer can justify quashing criminal proceedings under Section 482 Cr.P.C., as held in Gian Singh v. State of Punjab and Another; Narinder Singh and Others v. State of Punjab and Another; Yogendra Yadav and Others v. State of Jharkhand and Another.
  • No public interest in continuing proceedings when there is genuine settlement (as per the cited cases).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that the dispute has been settled; continuing the proceedings would be futile given the financial nature of the offences and absence of public interest. They rely on Gian Singh and subsequent Supreme Court rulings permitting quashing in appropriate cases where amicable settlements exist, supported by Annexure A3 (affidavit) showing the defacto complainant’s consent and corroboration by the Public Prosecutor.

Contentions of Respondents

The State and complainant contended that the affidavit is genuine and that the defacto complainant supports its contents; the Public Prosecutor verified the affidavit; they urge that public interest must be weighed, but in light of the settlement and lack of public interest, the court may exercise its suo motu power to quash.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Gian Singh v. State of Punjab and Another[(2012) 10 SCC 303]PositiveApex Court held that High Courts can rely on amicable settlements to quash criminal proceedings in appropriate cases.
Narinder Singh and Others v. State of Punjab and Another[(2014) 6 SCC 466]PositiveReiterates the settlement/quashing principle in appropriate circumstances.
Yogendra Yadav and Others v. State of Jharkhand and Another[(2014) 9 SCC 653]PositiveAffirms the role of settlement in enabling quashing of proceedings when no public interest is involved.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946** **CRL.MC NO. 1724 OF 2024** **CRIME NO.3534/2023 OF Ernakulam Central Police Station, Ernakulam** ## **PETITIONER/ 2ND ACCUSED :** **BABU K M AGED 56 YEARS S/O MICHAEL, KALATHIPARAMBIL, SWAMIKALAM, CHERANALLOOR, CHITTOOR, ERNAKULAM, PIN – 682 027** **BY ADV E.A.BIJUMON** ## **RESPONDENT/ COMPLAINANT :** **1 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031 2 SAJITHA AGED 48 YEARS W/O PRASANTH, NEELANGATTUTHUNDI, KANIAPISKAU, VYTTILA, ERNAKULAM, KERALA, PIN – 682 019** **BY ADV K.S.SREEREKHA** **SRI. M.C.ASHI, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.2199/2024, 3035/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** # **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 CRL.MC NO. 2199 OF 2024** **CRIME NO.3534/2023 OF Ernakulam Central Police Station,** ## **Ernakulam** ## **PETITIONER/ 3RD ACCUSED :** **JANCY AGED 46 YEARS W/O.JOSE, 31/1223, PUTHENVEETTIL HOUSE, S.H.LANE, VYTTILA, ERNAKULAM, PIN - 682019** **BY ADVS. V.R.GOPU URMILA.M.G** ## **RESPONDENT/ STATE & COMPLAINANT :** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 2 SAJITHA, W/O.PRASANTH, NEELANGATTUTHUNDI, KANIYAMPUZHA, VYTTILA, ERNAKULAM, PIN – 682 019 SMT.SREEJA V., PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.1724/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946** ## **CRL.MC NO. 3035 OF 2024** **FIR NO.3534 OF 2023 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM** ## **PETITIONER/ 1ST ACCUSED :** **ALL FOR CHITS PVT LTD, REPRESENTED BY ITS M D KALATHIPARAMBIL MICHAEL BABU (BABU K M), AGED 56 YEARS, B5 SAYEED COMPLEX, DOOR NO. 409/175, DORALSWAMY IYER ROAD, ERNAKULAM, PIN – 682 027** **BY ADV E.A.BIJUMON** ## **RESPONDENT/ COMPLAINANT :** **1 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 301 2 SAJITHA PRASANTH, AGED 48 YEARS, W/O PRASANTH, NEEANGATTUTHUNDI, KANIAMPUZHA, VYTTILA, ERNAKULAM CITY, KERALA, PIN – 682 019** **BY ADVS. K.S.SREEREKHA T.R.HARI KRISHNAN(K/314/2016)** ## **SRI. NOUSHAD K. A., PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.1724/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 4 **BECHU KURIAN THOMAS, J. ====================== Crl.M.C.Nos.1724 of 2024, 2199 of 2024 & 3035 of 2024 ====================== Dated this the 5[th] day of April, 2024** ## **ORDER** Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them. 2. Petitioner in Crl.M.C.No.1724 of 2024 is the 2[nd] accused and petitioner in Crl.M.C.No.2199 of 2024 is the 3[rd] accused while petitioner in Crl.M.C.No.3035 of 2024 is the first accused in Crime No.3534 of 2023 of Ernakulam Central Police Station alleging offences under Sections 403, 406 and 420 r/w Section 34 of the Indian Penal Code, 1860. The 2[nd] respondent is the defacto complainant. 3. According to the prosecution, the accused, who is conducting a Chitty Company by name 'All For Chit Pvt. Ltd.' committed criminal breach of trust and cheating by collecting amount from the accused and failing to return the money when requested and thereby committed the offences alleged. 4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor. **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 5 5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings. 6. In **Gian Singh v. State of Punjab and Another** [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in **Narinder Singh and Others v. State of Punjab and Another** [(2014) 6 SCC 466] and **Yogendra Yadav and Others v. State of Jharkhand and Another** [(2014) 9 SCC 653]. 7. I have perused Annexure A3 affidavit filed by the 2[nd] respondent in Crl.M.C.No.1724 of 2024 which is applicable to the petitioner in Crl.M.C.No.2199 of 2024 and Crl.M.C.No.3035 of 2024 as well. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility. 8. Accordingly, all proceedings against the petitioners in Crime No. ## **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 6 3534 of 2023 of Ernakulam Central Police Station are quashed. These Crl.M.Cs are allowed as above. Sd/- **BECHU KURIAN THOMAS, JUDGE** RKM **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 7 ## **APPENDIX OF CRL.MC 2199/2024** ## **PETITIONER ANNEXURES** **Annexure 1** **THE TRUE COPY OF THE FIR IN CRIME NO.3534/2023 OF ERNAKULAM CENTRAL POLICE STATION DATED 10.11.2023** **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 8 ## **APPENDIX OF CRL.MC 3035/2024** |**PETITIONER'S **|**ANNEXURES**<br> **:**| |---|---| |**Annexure A1**|**TRUE COPY OF THE FIRST INFORMATION REPORT**| ||**IN CRIME NO: 3534/2023 OF CHIEF JUDICIAL**| ||**MAGISTRATE**<br>**COURT,**<br>**ERNAKULAM**<br>**DATED**| ||**10.11.2023.**| |**Annexure A2**|**TRUE COPY OF THE ORDER IN ANTICIPATORY**| ||**BAIL APPLICATION NO. 11646/2023 DATED**| ||**29.01.2024.**| |**Annexure A3**|**TRUE COPY OF THE AFFIDAVIT GIVEN BY THE**| ||**2ND RESPONDENT DATED 29.01.2024.**| **Crl.MC Nos.1724/2024, 2199/2024, 3035/2024** 9 ## **APPENDIX OF CRL.MC 1724/2024** ## **PETITIONER'S ANNEXURES :** **Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 3534/2023 OF CENTRAL POLICE STATION , ERNAKULAM DATED 10.11.2023.** **Annexure A2 TRUE COPY OF THE COMMON ORDER OF THE BAIL APPL. NO. .10616, 10618 AND 11646 OF 2023 DATED 29.01.2024.** **Annexure A3 AFFIDAVIT GIVEN BY THE 3RD RESPONDENT/COMPLAINANT DATED 29.01.2024.**